54 Tainted by Torture: Examining the Use of Torture Evidence | 2018 272 UN General Assembly, Convention against Torture, Articles 4 and 5. 273 Ibid. 274 Ibid, Article 4. 275 2017 Thai Constitution, Article 28(3). Draft anti-torture and anti-disappearance legislation was prepared by the Thai Government and put forward for adoption. However, in February 2017, the National Legislative Assembly refused to adopt it. 276 Criminal Code Compilation Act (1913) (WA). 277 See above footnotes 6-13. 278 UN General Assembly, Convention against Torture, Article 12. 279 Demir and others (App no. 2013/293), the Constitutional Court, Judgment of 17 July 2014, para 116 [unofficial translation]. 280 In Brazil, Conselho Nacional de Justiça (CNJ) statistics reveal that from 2015 to 2016 there were more than 6,200 reports regarding torture and ill-treatment of prisoners arising during custody hearings, which were formalised and presented to the judicial authorities for investigation (CNJ, ‘CNJ firma acordo com entidade internacional para prevenir tortura no país’). 281 Spanish Criminal Procedure Act 2015, Article 269. 282 Criminal Procedure Code (2015), Article 163 (previously Article 110.1 of the 2003 Criminal Procedure Code). The Vietnamese Government has listed several examples of torture cases which have progressed to trial under this basis, such as the conviction of Nguyen Hoang Quan and Trieu Tuan Hung after allegations were made that they tortured seven murder suspects in Soc Trang Province. Apparently, when the allegation of torture was made, the case was postponed and the Defendants were ultimately prosecuted under Article 298 of the 1999 Criminal Code. See Vietnam’s national report on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 13 September 2017, CAT/C/VNM/1, para 231 68 and Annex 11 (case 7). 283 Muslum Turfan. 284 Conectas, Shielded Torture, p.5. 285 Ibid, p.5. 286 Ministry of Justice of the Federative Republic of Brazil, ‘Audiências de Custódia e Prevenção à Tortura: Análise das Práticas Institucionais e Recomendações de Aprimoramento’ (unofficial translation: ‘Custody Hearings and Torture Prevention: Analysis of Institutional Practices and Improvements Recommendations’), 35. 287 Ibid, 49. 288 UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Brazil, 5 July 2012. 289 Cabrera-García and Montiel Flores v Mexico (Preliminary Objection, Merits, Reparations and Costs) Series C No. 220, 26 November 2010, para 131. 290 Criminal Procedure Law of the People’s Republic of China (2012), Article 55. 291 Conectas, Shielded Torture. See similarly, Ministry of Justice of the Federative Republic of Brazil, ‘Audiências de Custódia e Prevenção à Tortura’, 34­35. 292 UN Human Rights Council, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak: addendum: mission to Indonesia, 10 March 2008, A/HRC/7/3/Add.7, para 59(B). 293 Ibid, para 80. 294 Division 274.3, Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act (2010) (Commonwealth). 295 UN Committee against Torture (CAT), Concluding observations on the sixth periodic report of Spain, 29 May 2015, CAT/C/ESP/CO/6, pp. 3, 6. 296 Decree no. 2013 784, Articles 3 and 4, 28 August 2013, with respect to the tasks and organisation of the Inspectorate General of National Police. 297 For further information on police internal mechanisms and disciplinary sanctions in Indonesia see Amnesty International, Unfinished Business: Police Accountability in Indonesia, 24 June 2009. 298 Republic of South Africa Combined Second Periodic Report Under the African Charter on Human and Peoples` Rights and Initial Report Under the Protocol to the African Charter on the Rights of Women in Africa (August 2015), para 57. 299 See the website of the Independent Office for Police Conduct, at www.policeconduct.gov.uk.